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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34970
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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my son was hazed at ft benning, found out who did it and then

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my son was hazed at ft benning, found out who did it and then beat up the hazer. the hazer did not file charges against my son but my son did press charges against the hazer and both were arrested
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

I understand the background information. but not sure I understand your you want to know if your son be can prosecuted for this?
Customer: replied 4 years ago.

Well yes and if and what may happen, he has been appointed and attorney, the other soldier does not have one. In a nutshell he was "soapsocked" by one soldier while they were doing the same to other soldiers as well. he was beaten on the face and head, he went and found out who did it and beat him up. they both got arrested, he was not charged, my son(Yet) the other soldier was

Thank you

He can be prosecuted. What you describe is a violation of Article 128 UCMJ Assault. It is a crime.

Now...what you describe there are some mitigating circumstances. He was clearly assaulted first. So this can help reduce any punishment your son may face.

In fact, it may be that your so is never actually charged.

But he can be...

The decision will be up to the commander. The commander has the final say on how this is resolved.

I would expect the commander to punish both soldiers, but to punish your son much less severely.

Let me know if you have more questions on this...happy to help if I can

P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you he really wants to remain in the Army but is afraid he will be ELS'd or worse. He said we wouldn't even mind being recycled. He is a PV2. We'll see I guess, I'm nervous for him

I do not think this will end his career. Frankly, they may not punish him at all...sounds like he has fight in him...that is a good thing in his profession.

It is a crime...they can punish him. But if he acknowledges his mistake? I bet they slap him on the wrist and let this move on...

The other kid? Hazing is not tolerated...he may well get tossed out.
Customer: replied 4 years ago.

thank you